42.—(1) The employer of an individual employed to carry out any work or activity referred to in regulation 20(1)(a), 27(1)(a), 34(1)(a), 37(1)(a) or 40(1)(a) must ensure that that individual holds the qualification necessary to enable the individual to carry out the work or activity in question under these Regulations.
(2) It is an offence for an employer to fail to comply with paragraph (1).
43.—(1) A training employer must provide a copy of any extant record created by that training employer under regulation 19(2) of the Fluorinated Greenhouse Gases Regulations 2008(1) to the employee in question when requested to do so by that employee where the employee holds an in-house qualification enabling that employee to carry out work under these Regulations.
(2) A training employer must keep an extant record created by that training employer as mentioned in paragraph (1) for a period of three years from 9th March 2009.
(3) It is an offence for a training employer to fail to comply with paragraph (1) or (2).
(4) In this regulation—
(a)“extant record” means a record existing immediately before 9th March 2009; and
(b)“training employer” means an employer who provided a course of training leading to an in-house qualification.
44.—(1) When requested to do so by any person, a certification body must, within 14 days of the request being made, provide details of a certificate issued by the certification body pursuant to—
(a)Commission Regulation 303/2008;
(b)Commission Regulation 304/2008; or
(c)Commission Regulation 305/2008.
(2) When requested to do so, an attestation body must provide details of an attestation issued by the attestation body pursuant to Commission Regulation 307/2008.
(3) In this regulation, “details”, in relation to a certificate or attestation, includes—
(a)the name of the person to whom the certificate or attestation was issued;
(b)the date on which the certificate or attestation was issued; and
(c)in the case of an individual, the examination or training to which the certificate or attestation relates.
(4) When requested to do so by the Secretary of State, a relevant body must provide as soon as reasonably practicable to the Secretary of State such information as the Secretary of State may require in order that the Secretary of State may ensure that the obligations of the United Kingdom imposed by the second sentence of Article 5.2 of the 2006 Regulation (recognition of certificates issued in other member States) and by Commission Regulation 308/2008 are complied with.
(5) In this regulation—
(a)“Commission Regulation 308/2008” means Commission Regulation 308/2008 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the Council, the format for notification of the training and certification programmes of the Member States(2); and
(b)“a relevant body” means a certification body, an attestation body or an evaluation body referred to in, or appointed under, these Regulations.
S.I. 2008/41; revoked by regulation 2.
OJ No L 92, 3.4.08, p 28.